chapter 7 - exam 2

Question 1

______ liability is focused on the nature of the situation instead of the actor’s actions

Answer 1

strict

Question 2

if you keep something on your land that’s likely to cause mischief, you are _____ if mischief happens

Answer 2

liable

Question 3

state the kind of activity that has these three things:
1. involves a potential degree of serious harm
2. involve a high degree of risk that can’t be completely guarded against with the use of reasonable care
3. isn’t commonly performed in the community/area

Answer 3

abnormally dangerous activities

Question 4

abnormally dangerous activities can be anything ____ or ____

Answer 4

explosive, toxic

Question 5

what are the 3 other applications of strict liability?

Answer 5

1. keeping wild animals
2. keeping domestic animals
3. quid pro quo sexual harassment

Question 6

what kind of liability does keeping wild animals come with? what are the 3 types of animals? which breed of dogs is considered a wild animals?

Answer 6

absolute liability
lions, tigers, and bears
pitbulls

Question 7

what kind of liability does keeping domestic animals come with? what does that mean?

Answer 7

qualified liability, we aren’t always liable for the actions of domestic animals

Question 8

which domestic animal is most often sued over? what is a sign that they can be dangerous?

Answer 8

dogs, biting beforehand shows that they can be dangerous

Question 9

what is quid pro quo?

Answer 9

exchanging workplace benefits for sexual action

Question 10

_____ liability are lawsuits involving facts of a company selling/making a product that’s the cause of plaintiff’s injuries

Answer 10

product

Question 11

what are the 3 causes of action that can be used against the maker of a product under a product liability case?

Answer 11

negligence, fraud, strict liability

Question 12

t/f: the plaintiff can sure the entire chain of production in a product liability case

Answer 12

true

Question 13

the following is product liability based on _______:
- if a manufacturer fails to exercise “due care” to make a product safe, a person who is injured by the product can sure the product for negligence.

Answer 13

negligence

Question 14

for product liability based on negligence, “due care” is required in which 6 areas?

Answer 14

design, production, processes, warning, assembling, testing

Question 15

is privity of contract (relationship between product and injured) required for a product liability based on negligence case?

Answer 15

no

Question 16

in a product liability based on negligence case, what must the plaintiff must show? aside from due care duty

Answer 16

that the defendant’s conduct was the cause in fact and proximate cause of their injuries

Question 17

proximate caused is based on the _____ of the consequences

Answer 17

forseeability

Question 18

product liability based on ________ must require these 3:
1. misrepresentation of material fact concerning quality, nature, or approximate use of the product is made knowingly or with reckless disregard for the truth
2. as a result of the fraud, injury occurs
3. the buyer/plaintiff relied on the misrepresentation.

Answer 18

misrepresentation

Question 19

intentional mislabeling of products or concealment of product defects is an example of _______

Answer 19

misrepresentation

Question 20

Strict Product Liability (aka Defective product case) based on ______ _____ require the following:
1. product was in a defective state
2. defendant was normally engaged in the selling/distributing of the product
3. product was unreasonably dangerous to the consumer because of the defective condition
4. plaintiff incurred physical harm to self/property by the consumption
5. defective condition was the proximate cause of injury
6. goods weren’t substantially changed

Answer 20

strict liability

Question 21

what must you prove to show that a product was in a defective condition? ( 3 different ones, needs to prove at least one)

Answer 21

manufacturing, design, or warning defects

Question 22

sellers are only liable for products that are ______ ______

Answer 22

unreasonably dangerous

Question 23

what are the 2 things that make a product unreasonably dangerous? ( you have to prove both in Texas)

Answer 23

1. product was dangerous beyond the expectation of the customer
2. the manufacturer could have made a safer alternative design but didn’t produce it

Question 24

what are the 3 types of product defects?

Answer 24

manufacturing, design, warning

Question 25

name the type of defect:
- a product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product

Answer 25

manufacturing defect

Question 26

name the type of defect:
- the foreseeable risk of harm posed by the product could have been reduced or avoided by the adoption of a safer alternative design

Answer 26

design defect

Question 27

what are the 2 tests for a design defect?

Answer 27

1. there’s a safer alternative design (SAD)
2. the design of the product is unreasonable dangerous due to the adoption of the design

Question 28

what is used to determine if the risk of harm outweighs its utility to user and the public?

Answer 28

risk utility analysis

Question 29

name the type of defect:
- the foreseeable risk of harm posed by the product could have been reduced or avoided by reasonable instructions or warning

Answer 29

warning defects

Question 30

t/f: pharmaceuticals have to show all possible side effects to avoid a warning defect law suit

Answer 30

true

Question 31

obvious risks and foreseeable misuses fall under ______ defects

Answer 31

warning

Question 32

t/f: a manufacturer has a duty to warn about risks that are obvious or commonly know
ex) a knife will cut you

Answer 32

false

Question 33

t/f: the seller must warn about foreseeable misuses

ex) trampoline warning or don’t use dryer in water

Answer 33

true

Question 34

name the following type of liability”
- if a plaintiff can’t prove which manufacturer produced the particular product that caused harm, then all manufacturers are liable in proportion to their share of the market

Answer 34

market share liability

Question 35

what are the 7 defenses to Product Liability?

Answer 35

1. assumption of the risk
2. product misuse
3. comparative negligence
4. commonly known dangers
5. knowledgeable user
6. Statutes of Limitation
7. Statutes of Repose

Question 36

what do you have to prove when using the assumption of the risk defense? (2)

Answer 36

the plaintiff knew the risk created by the product and voluntarily assumed the risk by using it

Question 37

to argue product misuse, you have to prove that the product was…

Answer 37

used in a way not intended by the manufacturer

ex) using drugs illegally and seeing injuries

Question 38

courts have limited the product misuses defense to when the particular use (is/is not) forseeable.

Answer 38

is not

Question 39

t/f: if the use of a product is reasonably foreseeable, the manufacturer must warn.

Answer 39

true

Question 40

the comparative negligence defense states that… and it’s used to…

Answer 40

the plaintiff is partially responsible and it’s used to reduce money owed by company

Question 41

the ________ _______ defense to Product Liability is used when you have a particular danger known to a particular person.

ex) electricians know about electricity, so they don’t need to be warned about electrical shocks

Answer 41

knowledgeable user

Question 42

under statutes of _____, the injured must bring a product liability claim within 2-4 years from the date of discovery or when it happened

Answer 42

limitation